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Eviction Moratorium Update

Posted on: Jan 20/2021 Posted to: news

Eviction Moratorium Update

Garfield Heights Municipal Court is on-line 24/7 for all filings and, barring an internet emergency, will continue to operate in that manner throughout the Pandemic and beyond. Landlords may file evictions without interruption unless a higher court or executive order forbids the Clerk from accepting filings (which has never happened).

If a CDC Declaration is filed by a tenant in a pending matter, the Court will enter an order staying proceedings until the termination date of any moratorium currently in place. If the landlord contests the basis for the CDC Declaration, the landlord may file a request for hearing thereon. All hearings are being conducted via Zoom for the duration of the Pandemic.

If the landlord receives a CDC Declaration before a Complaint is filed, the landlord may file the Complaint with the CDC Declaration. The Court will stay the proceedings but as soon as the moratorium is terminated, the case will be reset for hearing in the order of filing. The landlord may also challenge the CDC Declaration at the time of filing.

The current moratorium is in effect until January 31, 2021 but we anticipate that it will be extended with unknown conditions. We will be implementing an on-line dispute resolution system after we know the conditions of any future moratoriums to aid the parties during any stay that may be imposed.

When any moratorium is terminated, the Court will reschedule all cases for hearing in the order of that they were filed. Hearings will be every Friday morning until any backlog is cleared. If necessary, the Court will add more hearing days to address the backlog.